1515 Beach Avenue ZVAR21-0019 Packet (November)ZVAR21-0019
Carriere Legal Description
C 1 1A
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO. ZVAR21-0019
Request for a variance to section 24-106(e)(2)reduce the minimum rear yard
setback to connect an existing detached garage to the principal structure at
1515 Beach Avenue.
LOCATION 1515 Beach Avenue
APPLICANT John November
DATE December 14, 2021
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant, John November, is
representing the owners of 1515
Beach Avenue. This property is
located on the northeast corner of
15th Street and Beach Avenue and
is located in the Residential,
Single- Family (RS-2) zoning
district.
The subject property has an
existing two-story house and
existing two-story detached
garage. The two-story detached
garage was constructed when the
property was redeveloped in the
2000’s. The detached garage is
located along Beach Avenue and is
a legally existing accessory
structure, as it meets the required
5-foot setback to the rear and side
property lines for accessory structures.
The applicant is proposing to build an addition that will connect the existing detached garage to the
principal structure. If the detached garage is attached or connected to the principal structure the detached
garage is now considered part of the principle structure therefore, it is required to meet setbacks for the
principal structure.
Per section 24-83(b), “for lots having frontage on the Atlantic Ocean, the front yard shall be the yard
which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to
or nearest the ocean”. Therefore, the side of the property abutting Beach Avenue is considered the rear
yard. This zoning district requires a 20 foot rear yard setback.
Page 2 of 4
The existing rear yard setback measured from the garage to the property line abutting Beach Avenue is 15
feet. The applicants are requesting a variance from section 24-106(e)(2) to reduce the minimum rear yard
setback from 20 feet to 15 feet to allow for the connection between the principal structure and detached
garage.
ANALYSIS
Section 24-65 states that “applications for a variance shall be considered on a case-by-case basis, and shall
be approved only upon findings of fact that the application is consistent with the definition of a variance
and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance
shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent
as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s)
or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in
accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject
to conditions as set forth by the City of Atlantic Beach.”
Section 24-65(c) provides six distinct grounds for the approval of a variance:
(1) Exceptional topographic conditions of or near the property.
The applicant stated “The coastal construction control line prohibits the property owner from getting
full use of their property on the beach side property. The homeowner would like to connect the
garage and the main house. This property would no longer be a nonconforming use if this variance
is approved as it would be converting this property to a permitted use (single family dwelling) under
section 24-106”.
View from 15th Street
Proposed Addition
Principal Structure
Detached Garage
Page 3 of 4
(2) Surrounding conditions or circumstances
impacting the property disparately from nearby properties.
The applicant stated “Number single family homes on Beach Avenue have setbacks slightly less
than 20 feet. In this circumstance, we are only applying for a variance for a mere 5 feet as the garage
will keep its current setback of 15 feet from the property line. The public’s view of the property will
remain the same if this variance is granted as the changes to the property will occur behind the
garage/carriage house as it connects with the main house”.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
The applicant stated “the coastal construction control line prohibits the property owner from getting
full use of their property on the beach side of the property. Granting this variance allows the city to
contribute the trend of limiting duplexes and converting them to single family homes in this area.
This change to single family will result in less impacts on public resources including less trash
receptacles and less vehicles needing parking spaces”.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
Existing Proposed
Page 4 of 4
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
The applicant stated “The property is only 50 feet wide which limits the reasonable use of the
property as it is a substandard lot size. This limited width combined with the limitations imposed by
the coastal construction line on the beach side of the property also substantially limits the depth of
the property that can be sued by the property owner”.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR21-0019, request for a
variance reduce the minimum rear yard setback to connect an existing detached garage to the principal
structure at 1515 Beach Avenue, upon finding this request is consistent with the definition of a variance,
and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated
in Section 24-65(c) and as described below.
A variance may be granted, at the discretion of the Community Development Board, for the
following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or
after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
Or,
The Community Development Board may consider a motion to deny ZVAR21-0019, request for a
variance to reduce the minimum rear yard setback to connect an existing detached garage to the principal
structure at 1515 Beach Avenue.
Request for a variance to reduce the minimum
rear yard setback to attach an existing
detached garage to the principal structure at
1515 Beach Avenue.
ZVAR21-0019
1515 Beach Avenue
Site Context and Details
Oceanfront lot located
on the northeast corner
of 15th Street and Beach
Avenue
Zoned Residential, Single
Family (RS-2)
Site Context and Details
Per section 24-83(b), “for lots having frontage on the Atlantic Ocean, the
front yard shall be the yard which faces the Atlantic Ocean, and the
required front yard shall be measured from the lot line parallel to or
nearest the ocean”. Therefore, the side of the property abutting Beach
Avenue is considered the rear yard. This zoning district requires a 20 foot
rear yard setback for principal structures.
Background
The property has an existing multi-story house and existing two-
story detached garage.
The two-story detached garage was constructed in the 2000’s and
is a legally existing accessory structure that meets the required 5-
foot rear and side yard setback.
Principal
Structure
Proposed Plan
The applicant is planning to build an addition that will
connect the existing detached garage to the principal
structure.
Need for Variance
If the detached garage is attached or connected to the principal
structure the detached garage is now considered part of the
principle structure therefore, it is required to meet setbacks for
the principal structure (required 20 ft rear yard).
The existing detached garage encroaches 5 feet into the 20 foot
rear yard.
The structure will meet the minimum front yard setback of 20 feet
and side yard setback of 7.5 feet.
View from 15th Street
Proposed Addition Principal Structure
Detached Garage
View from Beach Avenue
Grounds for Decision
APPROVAL-existence of
one or more of the following
Section 24-65 (c)
DENIAL-
1.Exceptional topographic conditions of or
near the property.
2.Surrounding conditions or circumstances
impacting the property disparately from
nearby properties.
3.Exceptional circumstances preventing
the reasonable use of the property as
compared to other properties in the
area.
4.Onerous effect of regulations enacted
after platting or after development of
the property or after construction of
improvement upon the property.
5.Irregular shape of the property
warranting special consideration.
6.Substandard size of a lot of record
warranting a variance in order to provide
for the reasonable use of the property.
The CDB may consider a denial upon
finding that none of the
requirements in 24-65 (c) exist.
PUBLIC NOTICE
To whom it may concern,
Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map
below, that a Public Hearing regarding the case described in this notice will be held by the Community
Development Board (CDB).
The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800
Seminole Road.
PROJECT Property Location Map
Item No: ZVAR21-0019
Address: 1515 Beach Avenue
Applicant: John November
PUBLIC HEARING(S)
Body: Community Development Board
Date December 21, 2021
Time: 6:00 PM
Request: Request for a variance to reduce the minimum rear yard setback to attach an existing
detached garage to the principal structure at 1515 Beach Avenue.
Summary: The applicant is requesting relief from Section 24-106(e)(2) to reduce the minimum rear
yard setback of 20 feet to 15 feet. On oceanfront lots the yard which faces the Atlantic
Ocean is considered the front yard (Section 24-83 (b).
Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any
matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised that
such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon
which the appeal is to be based.
All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notices
https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and
Community Development at aaskew@coab.us or 904-247-5841.
Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. In accordance with
the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special
accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less
than three days prior to the public hearing.